Sec. 66.
(1) If an adult adoptee who was adopted by a stepparent and the adult adoptee's parent whose rights have been terminated desire to rescind the adoption by the stepparent and restore the parental rights of that parent, they shall file a rescission petition with the court of the county in which the adoption by the stepparent was confirmed. This section applies to an adult adoptee who was adopted by a stepparent regardless of whether the adoptee was a minor at the time of adoption.
(2) The rescission petition shall be verified by both the adult adoptee and the parent whose rights were terminated, and shall contain the following information:
(a) The present name of each petitioner, the name of the adoptee at the time of birth and immediately after an adoption if different from the adoptee's present name, the name of the parent at the time of termination of parental rights, the date and place of the adoptee's birth, and the present place of residence of each petitioner.
(b) The name, date and place of birth, and address of the parent whose rights were not terminated and whose spouse adopted the adoptee, if known to either of the petitioners.
(c) The name of the stepparent at the time of the order of adoption, including the maiden name of the stepparent if applicable and if known, and the stepparent's date and place of birth.
(3) Subsequent to or concurrent with the filing of the rescission petition but before the hearing on the rescission petition by the court, the petitioners shall file with the court a copy of the adoptee's new certificate of live birth if a new certificate was established by the department of public health.
(4) Upon receipt of a rescission petition, the court shall conduct a hearing after notice is served by petitioners on the interested parties. The court may order an investigation by an employee or agent of the court and may enter an order of rescission of the adoption that restores the parental rights of the parent who filed the petition. The rescission of the adoption shall be effective from the date of the order of rescission.
(5) Certified copies of the order of rescission shall be given to each petitioner, and a copy shall be sent to the department of public health together with any other information required by section 2829 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.2829 of the Michigan Compiled Laws.
(6) After entry of an order of rescission, the adult adoptee becomes an heir at law of the parent whose parental rights have been restored and of the lineal and collateral kindred of that parent. After entry of the order of rescission, the adult adoptee is no longer an heir at law of a person who was his or her stepparent at the time of the order of rescission or an heir at law of the lineal or collateral kindred of that person, except that a right, title, or interest vesting before entry of the order of rescission shall not be divested by that order.
History: Add. 1992, Act 247, Imd. Eff. Nov. 19, 1992 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998 Popular Name: Probate Code
Structure Michigan Compiled Laws
Chapters 701 - 713 - Probate Code
Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6)
288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70)
Section 710.1-710.14 - Repealed. 1974, Act 296, Eff. Jan. 1, 1975.
Section 710.21 - Short Title of Act; Michigan Adoption Code.
Section 710.21a - General Purposes of Chapter.
Section 710.22a - Adoption Placement or Issuance of Order Prohibited; Convictions.
Section 710.23 - Hearing Appeal Brought Under MCL 400.115k; Powers of Court.
Section 710.23c - Placement of Child by Court.
Section 710.23d - Temporary Placement; Procedures.
Section 710.23f - Preplacement Assessment.
Section 710.25 - Proceedings; Priority; Disposition; Adjournment or Continuance.
Section 710.33 - Notice of Intent to Claim Paternity.
Section 710.37 - Termination of Rights of Putative Father.
Section 710.43 - Consent to Adoption; Persons Authorized to Execute.
Section 710.46 - Investigation; Considerations; Report; Waiver.
Section 710.48 - Repealed. 1980, Act 288, Eff. Oct. 17, 1980.
Section 710.52 - Supervision of Child; Reports.
Section 710.55a - Representation by Attorney.
Section 710.56a - Repealed. 2008, Act 331, Eff. Dec. 18, 2008.
Section 710.58 - Order of Adoption; Certified Copies.
Section 710.62 - Effect of Denying Order of Adoption.
Section 710.63 - Denial of Petition or Motion or Failure to Issue Order; Statement by Court.
Section 710.65 - Appeal to Court of Appeals; Staying Court Order Pending Appeal; Priority.
Section 710.69 - Violation of MCL 710.41 as Felony.
Section 710.70 - Prior Adoption Proceedings or Orders of Adoption.